Barker Martin

Condo-HOA Blog - Insurance

Protestors Are Such a Riot!

Regardless of your political persuasion or tolerance for political activism, it is evident that protests are becoming a routine experience around the country. Portland alone has had seven separate organized protests since January 19th. This number does not include spontaneous demonstrations or protests. The thing about protests is that the protestors rarely stop to ask whether your home, business, or auto agree with their particular cause. I hope that those reading this will avoid personal injury or property damage resulting from any protests. For those less fortunate, it might be reassuring to know whether your insurance will provide coverage. read more

Dealing With Ice is Anything But Neat

Those of us in the Northwest were recently hit with the first round of winter snowstorms. My children are avid weather watchers (in hopes of future school closures), so I understand that we are in store for several more storms in the coming months. Winter snow and ice inevitably result in a host of insurance claims. Some of these are relatively predictable. Think auto accidents and trees falling. Fortunately, many of these weather related claims are covered under standard home and auto policies. Snow and ice also bring the risk of a claim that most of us are unprepared for, flood. read more

I Don't Think We're in Kansas Anymore

Kansas, of course, is in the heart of Tornado Alley and home to the most famous tornado of them all: the one that swept Dorothy into the Land of Oz. Recently, however, Oregon and Washington felt the effects of multiple tornadoes. Two tornadoes touched down in Oregon in October. Tornado warnings were also issued for several cities in Washington. The tornadoes and strong winds wreaked havoc on homes across Oregon and Washington. Although not frequent, tornadoes do occasionally touch down in both Oregon and Washington. Because we are not accustomed to tornadoes, many are probably wondering whether their homes and associations are covered. Fortunately, property damage caused by strong winds and tornadoes are typically covered under standard homeowner policies. To be safe, a simple phone call to your broker or agent will confirm the coverage. read more

The Good, the Bad, and the Ugly of the Insurance Discovery Rule

I was flipping through the channels this weekend and stumbled on the Clint Eastwood classic spaghetti western, The Good, the Bad, and the Ugly. Life imitates art and it occurred to me that most situations feature an element of good, bad, and downright ugly. I have a number of "First Party Insurance" claims sitting on my desk (e.g. an Association pursuing its own carrier for discovered property damage). Many of these involve the "discovery rule." Having dealt with this rule on a number of occasions, I've discovered the good, the bad, and the ugly of this rule. read more

Unintended Consequences

One of the main takeaways from the Washington Supreme Court's recent decision in Bilanko v. Barclay Court is that a declaration amendment that is adopted in a manner that does not exceed its legal authority and and does not appear to be borne out of fraud or other wrongdoing cannot be challenged more than one year after it is recorded. This is welcome news to associations, which had been thrown onto unsteady legal ground after the Court's earlier decision in Club Envy v. Ridpath called into question the enforceability of rental cap amendments that were over one-year old, but had not been passed with at least 90% owner consent. read more

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